United States of America v. 3) David Lincoln Johnson

In the presence of the attorney for the government, the defendant appeared in person on this date. 8 13 12

Judith Rochlin, Appointed (Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Title 26 U.S.C. § 7206(1): Subscribing to and Filing False Income Tax Returns

The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that defendant, David Lincoln Johnson, is hereby committed on Counts 73 and 74 of the Indictment to the custody of the Bureau of Prisons for a term of 30 months. This term consists of 30 months on each of Counts 73 and 74 of the Indictment to be served concurrently with each other. The 30 month period of incarceration imposed in the instant case is to be partly concurrent with and partly consecutive to the sentence of incarceration imposed in United States v. Hashimoto, docket number ED CR 09-00089-VAP. Twenty-four months of the instant sentence is to run concurrently with the sentence imposed in Hashimoto, and six months of the instant sentence is to run consecutive to the sentence imposed in Hashimoto.

On release from imprisonment, the defendant shall be placed on supervised release for a term of one year. This term consists of one year on Count 73 and one year on Count 74 of the Indictment, both terms to run concurrently under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Orders 05-02 and 01-05, including the special conditions;

During the period of community supervision the defendant shall pay the special assessment, restitution, and any other court-ordered financial obligations in accordance with this judgment's orders pertaining to such payment;

The defendant shall cooperate with the payment of all delinquent federal and state taxes, and any related penalties and interest which may be imposed. The defendant shall truthfully and timely file and pay taxes during the period of community supervision. The defendant shall show proof to the Probation Officer of compliance with this order;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;

The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

The defendant shall not be employed in any position that requires licensing or certification by any local, state or federal agency without prior approval of the Probation Officer; and

The defendant shall cooperate in the collection of a DNA sample.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $2,300,000, pursuant to 18 U.S.C. §3663. This amount consists of $1,882,573 to the fraud victims of the Genesis Fund and $417,427 to victim Internal Revenue Service.

The amount of restitution ordered shall be paid in full to each victim/payee in the following order:

Victim/Payee Amount Priority Order

For Full Payment

$1,882,573 1st Priority

(as identified by the government in relation to the restitution order of ...

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